This Web Page Contains The Elements of the Colorado Crimes of Perjury 18-8-502 CRS
These are only the basic elements of these crimes – to fully understand a crime with which you are charged you will need a much greater understanding of Colorado Criminal Law.
This web site is designed to empower criminal defendants by helping them understand every phase of the criminal justice process. It also addresses the different types of defenses and strategies that exist in the Colorado Criminal Justice System.
If you are charged with a crime and seek to understand the new world you have entered – you need to understand that criminal laws and procedures can be so complex that even judges can get them wrong.
Perjury in the First Degree 18-8-502 CRS
1. A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
2. Knowledge of the materiality of the statement is not an element of this crime, and the defendant’s mistaken belief that his statement was not material is not a defense, although it may be considered by the court in imposing sentence.
3. Perjury in the first degree is a class 4 felony.
The definitions in sections 18-8-101 and 18-8-301 are applicable to this part 5, and, in addition to those definitions:
a. “Materially false statement” means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of an official proceeding, or the action or decision of a public servant, or the performance of a governmental function.
b. 1. “Oath” includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated. For the purposes of this section, written statements shall also be treated as if made under oath if:
A. The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable;
B. The statement recites that it was made under oath, the declarant was aware of such recitation at the time he made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto;
C. The statement is made, used, or offered with the intent that it be accepted as compliance with a statute, rule, or regulation which requires a statement under oath or other like form of attestation to the truth of the matter contained in the statement.
2. An oath is “required or authorized by law” when the use of the oath is specifically provided for by statute, court rule, or appropriate regulatory provision.
c. “Official proceeding” means a proceeding heard before any legislative, judicial, administrative, or other government agency, or official authorized to hear evidence under oath, including any magistrate, hearing examiner, commissioner, notary, or other person taking testimony or depositions in any such proceedings.